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HomeMy WebLinkAboutcoa.en.Riverview Condos.1976 Ce MEMO „ „e TO: MEMBERS OF THE CITY COUNCIL ��✓ 3c FROM: DAVE ELLIS ~ f -) ,l t.' RE: ENCROACHMENT REQUEST FROM RIVERVIEW CONDOMINIUM ASSOCIATION DATE: NOVEMBER 17, 1976 This request was tabled at your October 25th meeting to allow time for the investigation of trail possibilities through the property. I have since met with the association's manage, Jim Martin, and we have decided that there is no feasible connection for a bike trail and the existing river -edge easement cannot be improved much under the existing improvements. However, I am recommending that the association grant a 5 foot pedestrian easement along their most westerly property line. This is obviously less than de- sirable but would at least connect the existing easement to the public alley right -of -way and convert the dead -end easement into a loop. The existing building has only a 5 foot setback, but there are no low -level windows. I would not object to the requested fence encroachment if the above easement were granted and the fence on Hopkins was set back as close as practical to the property line, probably one foot. The easement could be revocable if the city revoked the encroachment agreement. Mr. Martin will be present at the meeting. cc /Kathy Hauter DE /pab Recorded 2:15 PM March 15, 1977 Julie Hane V ti ore CITY 44 SPEN 192805 3 BOOK MGE 937 1 3 0 so , • .. >$. street aspen, '�' �' 81611 November 23, 1976 Mr. Jim Martin Box 10502 Aspen, Colorado 81611 Re: Encroachment on Public Right of Way Dear Jim: This letter, and the acceptance of its terms by a representative of the Riverview Condominium Association, is a pre- requisite for reliance by the Association on the City Council action taken Monday, November 22, 1976, granting the requested license to encroach upon the city -owned right -of -way. It is understood that the provisions hereof shall apply to the place- ment of a fence on the East Hopkins Street right -of -way abutting the Association improvements on Lots 15, 16, 17 and 18 of Block 1, Riverside Addition to the City. The conditions for this grant of license to encroach are as follows: 1. That the Association agree that this license is given solely at the discretion of the City Council and permission to encroach may be withdrawn for any reason at any time. It further agrees that it will, on receiving such request, have the fence removed from any area of City right -of -way, and all costs of removal shall be assumed by it. 2. That the Association agree to be responsible for any maintenance and repair of the right -of -way (and fence constructed thereon) necessary to keep both in a safe and clean condition as determined by the City of Aspen. 3. That the Association agree that it will indemnify and hold the City of Aspen harmless from any and all claims or liability by reason of death, injury or property damage suffered by any person as a result of the placement, retention and use of the fence within the right -of -way. In addition, if the Council shall ever so require, the Association agree to obtain comprehensive public liability insurance for the fence BOOK 325 PAGE Mr. Jim Martin November 23, 1976 Page 2 and the right -of -way covering property loss, bodily injury, or death, in amounts at least equal to the comprehensive liability insurance maintained by the City at that time, and further to name the City of Aspen as a co- insured in such policy. 4. That the Association grant to the City a five foot pedestrian easement along the most westerly property line of the Association property. 5. That nothing herein shall be construed to exonerate it from the full compliance with all local and state regulations applicable to the construction of the proposed fencing. 6. And, finally, that the conditions hereinabove imposed on the granted right to encroach shall consti- tute covenants running with the land, binding upon the Association, its members, its and their heirs, successors and assigns. Please have a representative indicate acceptance of these conditions by an appropriate signature below and return the original to my office. The copy is for the Association file. Very truly yours, J SMS:mc Sandra M. Stuller Enc. City Attorney I , J mar-, 1 M pan ,,u , the 1V /P w44t,t. (name) (title) , of the Riverview Condominium Association, certify that I am authorized to act on behalf of the Association membership, and in such capacity accept the above enumerated conditions for the grant of permission to encroach. Dated a 4/ ' 7 . 0.,44. ,a.